In a recent development surrounding the Sh100 million gold scandal case, the High Court in Nairobi, Kenya has decided not to suspend the order freezing the bank accounts of Chief Registrar of the Judiciary Anne Amadi and her associated law firm. Justice David Majanja, who initially issued the order, declined to suspend it after recusing himself from the case, stating that it would not be appropriate to reverse his decision.
Ms. Amadi, represented by lawyer Ochieng Oduol, had sought to have the freeze order lifted, arguing that it caused financial distress and prejudiced her as the Chief Registrar of the Judiciary. Oduol emphasized that she was condemned unheard in the matter. However, Justice Majanja deemed it improper to make a determination on the application for suspension, given his recusal from the case.
The judge explained that he granted the freeze order based on the belief that Ms. Amadi was practicing as an advocate, despite being aware that she was not engaged in such activities. He acknowledged that these issues and others would be brought before Judge Alfred Mabeya, the presiding judge of the commercial division, for further directions.
The freeze order was obtained by Bruton Gold Trading LLC, a British company operating in Dubai, which alleged being defrauded of over Sh100 million (US dollars) in 2021. The company accused Ms. Amadi, her son Brian Ochieng, and other defendants, including Andrew Njenga Kiarie, Kikanae Topoti, Daniel Ndegwa Kangara, and Edward Taylor, of failing to deliver the purchased gold bars despite receiving payment.
During the court proceedings, attorney Joseph Murage opposed the application to suspend the freeze order, emphasizing that the law firm remained registered under Ms. Amadi’s name and highlighting the necessity of preserving the case’s foundation.
The legal battle centers on allegations of fraud and non-delivery of gold. Demetrios Bradshaw, representing Bruton Gold Trading LLC, claims that the defendants breached contractual obligations and caused significant financial losses. The dispute revolves around a transaction in 2021, where the company intended to purchase gold bars from the defendants but never received the delivery.
The decision not to suspend the freeze order on Anne Amadi’s bank accounts and those of Amadi & Associates carries significant implications. It underscores the seriousness of the allegations and the need for a comprehensive investigation. The case will now proceed under the guidance of Judge Alfred Mabeya, who will provide fresh perspectives and ensure an impartial adjudication process.
As the legal battle continues, the truth behind the allegations remains to be uncovered. The case serves as a reminder of the importance of upholding integrity within the legal system and the necessity of a fair and transparent judicial process. The outcome will determine the fate of Anne Amadi and her co-defendants, shedding light on their alleged involvement in the gold scandal.
